The High Court of Kerala granted anticipatory bail to accused persons charged with cheating for receiving money promising a business partnership. The court held that custodial interrogation was not necessary for this case nature.
Bail granted subject to conditions including cooperation with investigation, non-interference with witnesses, and no reoffending.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 16TH DAY OF DECEMBER 2019 / 25TH AGRAHAYANA, 1941
Bail Appl..No.7087 OF 2019
CRIME NO.926/2019 OF Payyannur Police Station, Kannur
PETITIONERS/ACCUSED NOS.1 AND 5:
1 VINOD KUMAR E, AGED 33 YEARS, S/O K. BALAKRISHNAN NAIR, ARIYALAM HOUSE, ATTENGANAM P.O., ANANDASARAM VIA, KANHANGAD, KASARGOD - 671 531.
2 VENUGOPALAN KARICHERY, AGED 39 YEARS, S/O. LATE M KUNHIKANNAN NAIR, KUYYAMKATT HOUSE, ERIYA P.O., ANANDASARAM VIA, KANHANGAD,
KASARGOD - 671 531.
BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER, PAYYANNUR POLICE STATION, KANNUR DISTRICT - 670 307.
SRI.C.K.SURESH, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.12.2019, ALONG WITH Bail Appl..7089/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bas.7087 & 7089/19 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 16TH DAY OF DECEMBER 2019 / 25TH AGRAHAYANA, 1941
Bail Appl..No.7089 OF 2019
CRIME NO.561/2019 OF Hosdurg Police Station, Kasargod
PETITIONERS/ACCUSED NOS.1 TO 3:
1 VINOD KUMAR E, AGED 33 YEARS, S/O. K. BALAKRISHNAN NAIR, ARIYALAM HOUSE, ATTENGANAM P.O., ANANDASARAM VIA KANHANGAD KASARAGOD 671 531.
2 VENUGOPALAN KARICHERY, AGED 39 YEARS, S/O. LATE M KUNHIKANNAN NAIR, KUYYAMKATT HOUSE, ERIYA P.O. ANANDASARAM VIA, KANHANGAD, KASARGOD 671 531.
3 JAGADHEESHAN D., AGED 35 YEARS, S/O. K. DAMODARAN, KAZHAKE VALAPPU, VAYALAMKUZHI, PERUMBALA P.O., KASARGOD 671 351.
BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
SRI.C.K.SURESH, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.12.2019, ALONG WITH Bail Appl..7087/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bas.7087 & 7089/19 3
ORDER
These applications are filed under Section 438 of the Code of Criminal Procedure.
Bas.7087 & 7089/19 4
granted bail by the learned Magistrate.
In the result, these applications will stand allowed. The applicants shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on each of these cases on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
i) The applicants shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.
ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of
Bas.7087 & 7089/19 5
the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.
iii) They shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV/16.12.19
3 issues framed by the court
Whether anticipatory bail should be granted in a cheating case where money was received for promising a business partnership.
Whether custodial interrogation is required for effective investigation in a case involving purely monetary disputes for business partnership.
Whether the accused are required to appear before the Investigating Officer and undergo interrogation before arrest.
2 provisions across 2 enactments
VINOD KUMAR E
VENUGOPALAN KARICHERY
JAGADHEESHAN D.
STATE OF KERALA
NO OTHER PARTY
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
